Citation Nr: 9929201
Decision Date: 10/08/99 Archive Date: 10/21/99
DOCKET NO. 96-17 070 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Huntington,
West Virginia
THE ISSUES
1. Entitlement to service connection for a seizure disorder
as secondary to residuals of a head injury.
2. Entitlement to special monthly compensation on account of
a need for regular aid and attendance.
3. Entitlement to special monthly compensation on account of
housebound status.
REPRESENTATION
Appellant represented by: AMVETS
WITNESS AT HEARINGS ON APPEAL
Appellant
INTRODUCTION
The veteran served on active duty from November 1978 to May
1985, with 2 years and 9 months of reported prior service.
This appeal to the Board of Veterans' Appeals (Board) arises
from rating decisions in October 1993 by the Department of
Veterans Affairs (VA) regional office (RO) in Huntington,
West Virginia, and in August 1996 by the RO in Montgomery,
Alabama.
In testimony at a personal hearing before the undersigned
acting Member of the Board in February 1999, and in a written
statement filed after the hearing, the veteran asserted a
claim of entitlement to a total disability evaluation based
on individual unemployability due to service connected
disabilities. That claim is referred to the RO for
appropriate action.
REMAND
At the personal hearing in February 1999, the veteran
testified that, in 1998, he was treated as an inpatient at
the VA Medical Center (VAMC) in Huntington, West Virginia,
for a seizure disorder. In addition, the veteran's
representative indicated that the veteran had also been
treated in recent years on an outpatient basis at the VAMC in
Montgomery, Alabama, and the VAMC in Tuskegee, Alabama. The
veteran's claims file does not contain any such records.
Records of medical treatment of a veteran at VA facilities
for a claimed disability are constructively a part of the
record on appeal. Bell v. Derwinski, 2 Vet. App. 611 (1992).
Accordingly, this case will be remanded to the RO for the
following:
1. The RO should attempt to obtain from
the VAMC, Huntington, West Virginia,
copies of any records of treatment of
the veteran at that facility in 1998
and 1999.
2. The RO should also attempt to obtain
copies of any records of
outpatient treatment of the veteran at
any time at the VAMC, Montgomery,
Alabama, and the VAMC, Tuskegee,
Alabama.
Following completion of these actions, the RO should review
the evidence and determine whether the veteran's claims may
now be granted. If the decision remains adverse to the
veteran, he and his representative should be provided with an
appropriate Supplemental Statement of the Case and an
opportunity to respond thereto. The case should then be
returned to the Board for further appellate consideration.
The purpose of this REMAND is to obtain any pertinent VA
medical treatment records. By this REMAND, the Board
intimates no opinion as to the ultimate disposition of the
appeal. No action is required of the veteran unless he
receives further notice.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded to
the regional office. Kutscherousky v. West, 12 Vet. App. 369
(1999).
JAMES A. FROST
Acting Member, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), only a
decision of the Board of Veterans' Appeals is appealable to
the United States Court of Appeals for Veterans Claims. This
remand is in the nature of a preliminary order and does not
constitute a decision of the Board on the merits of your
appeal. 38 C.F.R. § 20.1100(b) (1998).